“How to Lose a Supreme Court Nominee in 24 Days: As Biden weighs his own appointment, Harriet Miers’ sherpa recalls her doomed bid for the court.” Marianne LeVine has this interview with Dan Coats online at Politico Magazine.
“Roberts’s Grip Slips as Supreme Court Conservatives Curb Voting Rights; Chief justice sided with liberals in Alabama voting map case; Conservative majority pushes bold changes on race, abortion”: Greg Stohr of Bloomberg News has this report.
“Why this California judge should be Biden’s Supreme Court pick”: Online at CNN, Greg Wolff has an essay that begins, “The most impressive thing about California Supreme Court Justice Leondra Kruger, a potential contender for the US Supreme Court, is that she’s not trying to impress anyone.”
“White House begins reaching out to potential Supreme Court nominees as Biden pores over ‘binders of cases'”: Ariane de Vogue, John Harwood, Joan Biskupic, and Betsy Klein of CNN have this report.
“Unprecedented”: Robin Givhan has this essay in today’s edition of The Washington Post.
“Potential Supreme Court nominee faces questions on religious rights case”: Robert Barnes of The Washington Post has this report.
“The Supreme Court Has Crossed the Rubicon”: Linda Greenhouse has this guest essay online at The New York Times.
“‘I Don’t Know What the Truth Is Here’: The phrase Sarah Palin’s lawyers can’t stop quoting at the New York Times trial.” Seth Stevenson has this jurisprudence essay online at Slate.
“Do Equality Norms Constrain Presidential Appointments?” Michael C. Dorf has this post at his blog, “Dorf on Law.”
“Left splits over Supreme Court pick pushed by top Biden ally; Rep. Jim Clyburn is stumping for judge Michelle Childs to get the president’s nod; While labor interests are skeptical, not every progressive senator is”: Burgess Everett and Laura Barrón-López of Politico have this report.
“Man Arrested With Anti-Police Shirt Sees Suit Revived on Appeal”: Brian Flood of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
The court’s opinion begins, “Michael Wood wore a shirt bearing the words ‘Fuck the Police’ to the county fair.”
“Beltway sniper Lee Boyd Malvo seeks new sentencing hearing in Maryland; Malvo was sentenced to 10 life terms in Maryland and Virginia for the 2002 attacks”: Paul Duggan of The Washington Post has this report.
And Brian Witte of The Associated Press reports that “Maryland court hears case seeking new sentence for DC sniper.”
You can view via this link the video of today’s oral argument before the Court of Appeals of Maryland, that state’s highest court.
“When nominating judges gets more political, filling seats requires strategy; Presidents are increasingly avoiding filling vacancies in states held by the opposition party during their first year in office”: Rose Wagner of Courthouse News Service has this report.
“Brett Kavanaugh’s Defense of the Shadow Docket Is Alarming”: Law professor Steve Vladeck has this jurisprudence essay online at Slate.
“Racial Gerrymanders at the Supreme Court: Does the law command proportional representation by race?” This editorial will appear in Wednesday’s edition of The Wall Street Journal.
“Biden will lean into his long tenure as a senator to fill Supreme Court vacancy”: Scott Detrow had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“A California lawyer tweeted what she saw in immigration court. The DOJ demanded she delete it.” Tal Kopan of The San Francisco Chronicle has this report.
“Why Biden’s judges are different — and what that means for the Supreme Court; Public defenders and civil rights lawyers, often kept out of the judiciary, have been front and center in Biden’s judicial picks”: Chris Geidner of Grid has this report.
“Ginni and Clarence Thomas draw questions about Supreme Court ethics; Watchdog groups call for new, enforceable ethics code for justices”: Devin Dwyer and Gabriella Abdul-Hakim of ABC News have this report.
“The Supreme Court’s newest attack on voting rights, explained; The Court’s median justice just made it much harder to stop attacks on the right to vote”: Ian Millhiser has this essay online at Vox.
“The Supreme Court may completely hollow out the Voting Rights Act by 2024”: Joan Biskupic of CNN has this report.
“Who’s Who in the Running for Biden’s Supreme Court Pick: Three leading contenders are being considered to become the first Black woman on the Supreme Court; Each has strengths and weaknesses.” Greg Stohr of Bloomberg News has this report.
“Why It’s So Hard to Get a Defense Lawyer Confirmed to the Supreme Court: Ketanji Brown Jackson would be the first in 30 years.” Stephanie Mencimer of Mother Jones has this report.
“Biden’s real Supreme Court choice: Bridge-builder or truth-teller?” Ronald Brownstein has this news analysis online at CNN.
“What Are the ‘Right’ Qualifications for the Supreme Court? There Are None. The obsession with a certain kind of judicial experience is harming the court’s understanding of the real world.” Jeff Greenfield has this essay online at Politico Magazine.
“Supreme Court, in 5-4 Vote, Restores Alabama’s Congressional Voting Map; A special three-judge court had ordered lawmakers to redraw the lines, saying Black voters ‘have less opportunity’ than other Alabamians to elect their favored candidates”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court stops lower court order requiring Alabama to draw a new district voting map favorable to Black residents.”
David G. Savage of The Los Angeles Times reports that “In win for GOP, Supreme Court blocks new Black-majority district in Alabama.”
Jess Bravin of The Wall Street Journal reports that “Divided Supreme Court Allows Alabama Congressional Map for Now; Republican-drawn map will remain in place while justices hear the case in full.”
John Fritze of USA Today reports that “Supreme Court permits Alabama congressional map lower court said could dilute Black vote.”
Alex Swoyer of The Washington Times reports that “Supreme Court allows Alabama’s redistricting map over racial gerrymandering claim.”
Mark Sherman and Jessica Gresko of The Associated Press report that “Supreme Court sides with GOP in Alabama election map case.”
Andrew Chung of Reuters reports that “U.S. Supreme Court lets Alabama use electoral map faulted for racial bias.”
Greg Stohr of Bloomberg News reports that “Top Court Restores Alabama Map in Blow to Black Voting Power.”
Pete Williams of NBC News reports that “Supreme Court allows Alabama voting maps that advocates say disenfranchise Black voters; A lower court said the map violated the Voting Rights Act by denying Black voters a new district.”
Ariane de Vogue and Tierney Sneed of CNN report that “Supreme Court lets GOP-drawn Alabama congressional map that critics say dilutes power of Black voters stay in place.”
Josh Gerstein, Zach Montellaro, and Ally Mutnick of Politico report that “Supreme Court restores Alabama’s redistricting plan for 2022; The justices split, 5-4, to block a lower court order that said a new map diluted the influence of Black voters.”
Kelsey Reichmann of Courthouse News Service reports that “Supreme Court blocks redraw of GOP-friendly congressional map in Alabama; In a blow to voting rights advocates, the justices blocked a lower court order that would have forced the state to redraw its congressional maps to be more friendly to Black voters.”
And Nina Totenberg of NPR reports that “Supreme Court lets Alabama use GOP-backed map of the state’s congressional districts.”
You can access this evening’s order of the U.S. Supreme Court, and the opinions concurring therein and dissenting therefrom, at this link.
“A Black Woman Supreme Court Justice Exposes the Legal System’s Biggest Lies; The simple act of adding to the Court a justice who might not uphold assorted oppressive orthodoxies raises the obvious question of whether previous Courts were ever legitimate in the first place”: Madiba K. Dennie has this post at Balls and Strikes.
“How the U.S. Government Built the Largest System of Prior Restraint in U.S. History”: Jack Goldsmith and Oona Hathaway have this post at the “Lawfare” blog.
“In favor of remote arguments”: Tessa L. Dysart has this post at the “Appellate Advocacy Blog.”
“Fla. Republicans ditch Texas-style abortion law for what they call a ‘generous’ 15-week ban, drawing criticism from all sides; The approach, seen as an emerging GOP strategy to prepare voters for a post-Roe world, has prompted rare denunciations from the right of Gov. Ron DeSantis”: Caroline Kitchener of The Washington Post has this report.
“What’s at stake in Supreme Court affirmative action cases”: Today’s edition of The Boston Globe contains three op-eds addressing this subject.
Silvana Gómez has an op-ed titled “Affirmative action doesn’t give people like me an unfair advantage; If our college campuses do not reflect our diverse communities, we all face the threat of living in an even more segregated society.”
Viet Andy Nguyen has an op-ed titled “Ditching legacy admissions is first step in ending disparities; The answer to higher education’s exclusivity and homogeneity is not to create an elite lineage of people of color, but rather to increase access to those most marginalized within our communities.”
And law professor Ilya Somin has an op-ed titled “Court should reject the flawed diversity theory; It should make clear that anti-Asian discrimination is no different from that against other groups.”
“Does the Written Constitution Matter? The (Un)Written Constitution would turn back the clock to the halcyon days of freewheeling judicial activism.” At the “Law & Liberty” blog, Mark Pulliam has this review of George Thomas’s new(ish) book, “The (Un)Written Constitution.”
“The Audacity of Hoping for a 7-2 Majority”: Sherry F. Colb has this blog post at “Dorf on Law.”
“Supreme Ambition”: Ruth Marcus, deputy editorial page editor of The Washington Post, joins law professors Melissa Murray, Kate Shaw, and Leah Litman on today’s new episode of the “Strict Scrutiny” podcast.
“Why Biden Should Pick a Black Woman Politician for the Supreme Court; From Earl Warren to Sandra Day O’Connor, elected officials have made strong Supreme Court justices; We don’t need another career jurist”: Matthew Cooper has this essay online at Washington Monthly.